logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.12.20 2019나48141
물품대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is the manufacture of phrases and office supplies and wholesale and retail business. By January 4, 2013, the Defendant operated the word word word word word word word word word word word “E” in the name of “E” in the name of “E” (hereinafter “E store”) in the Busan Jin-gu, Busan, and was supplied by the Plaintiff.

B. Around the closure of a sales store on January 4, 2013, the Defendant had 2,441,119 won of the outstanding amount among the product price obligations against the Plaintiff.

C. From April 13, 2013, the Plaintiff had the Defendant operate the store in Busan-gu F department stores (hereinafter “F department stores”), and the said store terminated the business around June 2014.

On December 10, 2013, the Defendant confirmed that the amount of credit goods to the Plaintiff was KRW 12,292,838, and prepared a “plan for the transfer of outstanding amount and the redemption of outstanding amount” (hereinafter “instant repayment plan”) with the content that the Plaintiff would pay KRW 2,500,000 in January, 201, and KRW 4 million in February and March, 2014, and pay KRW 1,000 in addition to the sales of the pertinent month in April.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. In full view of the following circumstances, prior to filing a claim for the price of goods, the Defendant was provided with goods from the Plaintiff while operating E stores and F department stores, and the Defendant did not pay KRW 5,091,166 out of the price of the goods. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remainder of KRW 4,082,476 (=5,091, 166-1,08,690) calculated by subtracting the Plaintiff from the amount of the price of the goods in exchange for stock of other company at the F department stores where the Plaintiff is entitled to the deduction of the amount of the unpaid goods (i.e., KRW 1,008,690).

At the time of operating the F department stores, the Defendant shall pay KRW 12,292,838 to the Plaintiff.

arrow